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SUPREME COURT OF INDIA
SUDHANSU JYOTI MUKHOPADHAYA & RANJAN GOGOI, JJ.
Sunil Dutt Sharma - Appellant(s)
Versus
State (Govt. of NCT of Delhi) - Respondent(s)
CRIMINAL APPEAL NO.1333 OF 2013
(Arising out of SLP(Crl.) No. 7002 of 2012)
Decided On : OCTOBER 08, 2013
Indian Penal Code, 1860-Section 304B-Dowry death-Sentence-Principles to satisfy crime test in offence under Section 304-B of Penal Code-Time spent between marriage and death of woman; attitude and conduct of accused towards victim before her death; extent to which demand for dowry was persisted with and manner and circumstances of commission of cruelty would be a surer basis for determination of crime test-Coupled with it, fact whether accused was also charged with offence under Section 302 of Penal Code and basis of his acquittal of said charge would be another very relevant circumstance-As against this extenuating/mitigating circumstances which would determine "criminal test" must be allowed to have a full play-These two sets of circumstances being mutually irreconcilable cannot be arranged in form of a balance sheet but it is cumulative effect of two sets of different circumstances that has to be kept in mind while rendering sentencing decision. (Para 13)
Indian Penal Code, 1860-Section 304B-Dowry death-Life sentence-Acquittal from charge under Section 302, IPC-Proved facts on the basis of which offence under Section 304-B of Penal Code was held to be established, while acquitting accused-appellant of offence under Section 302 of Penal Code, does not disclose any extraordinary, perverse or diabolic act on part of accused-appellant to take extreme view of matter-At the time of commission of offence accused-appellant was about 21 years old and as on date he is about 42 years-Accused-appellant also has a son who was an infant at the time of the occurrence-He has no previous record of crime-Sentence of ten years RI would be appropriate-Sentence of fine maintained-Appeal partly allowed. (Paras 14 and 15)
(1973)1 SCC 20; (1980) 2 SCC 684; (1983) 3 SCC 470; (2013) 2 SCC 452; (2013) 5 SCC 546; (2008) 7 SCC 550-Relied.
JUDGMENT
RANJAN GOGOI, J.
1. The accused-appellant was tried for offences under Sections 302 and 304-B of the Indian Penal Code (hereinafter for short the “Penal Code”) for causing the death of his wife in the night intervening 16/17.05.92. He has been acquitted of the offence under Section 302 of the Penal Code on the benefit of doubt though found guilty for the offence under Section 304-B of the Penal Code following which the sentence of life imprisonment has been imposed. The conviction and sentence has been affirmed by the High Court. Aggrieved, the appellant had moved this Court under Article 136 of the Constitution.
2. Limited notice on the question of sentence imposed on the accused- appellant having been issued by this Court the scope of the present appeal stands truncated to a determination of the question as to whether sentence of life imprisonment imposed on the accused-appellant for commission of the offence under Section 304-B of the Penal Code is in any way excessive or disproportionate so as to require interference by this Court.
3. Section 304-B(2) of the Penal Code which prescribes the punishment for the offence contemplated by Section 304-B(1) is in the following terms :
“Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.” (emphasis is ours).
4. Expressions similar to what has been noticed above are to be found in different sections of the Penal Code which may be taken note of :
| (i) | Sections 115, 118, 123, 124, 126, 127, 134, 193, 201, 214, 216, 216A, 219, 220, 221, 222, 225, 231, 234, 243, 244, 245, 247, 249,256, 257, 258, 259, 260, 281, 293,308, 312, 317, 325, 333, 363, 365,369, 370, 380, 381, 387, 393, 401,402, 404, 407, 408, 409, 433, 435,437, 439, 452, 455, 466, 468, 472,473, 474, 477A, 489C, 493, 494, 495 and 496 | "may extend to seven years/ten years"; |
| (ii) | Sections 122, 222, 225, 305, 371, 449, 450 | "imprisonment for life or imprisonment for a term not exceeding ten years" |
| (iii) | Sections 124A, 125, 128, 130, 194,232, 238, 255 etc. | "imprisonment for life or with imprisonment of either description which may extend to ____ years" |
| (iv) | Sections 122, 225, 305, 371, 449 | "imprisonment for life or with imprisonment of either description for a term not exceeding ___ years" |
| (v) | Section 304B | "imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life" |
| (vi) | Section 376 | "imprisonment of either description for a term which shall not be less than seven years or for life or for a term which may extend to ten years" |
5. The power and authority conferred by use of the different expressions noticed above indicate the enormous discretion vested in the Courts in sentencing an offender who has been found guilty of commission of any particular offence. No where, either in the Penal Code or in any other law in force, any prescription or norm or even guidelines governing the exercise of the vast discretion in the matter of sentencing has been laid down except perhaps, Section 354(2) of the Code of Criminal Procedure, 1973 which, inter-alia, requires the judgment of a Court to state the reasons for the sentence awarded when the punishment prescribed is imprisonment for a term of years. In the above situation, naturally, the sentencing power has been a matter of serious academic and judicial debate to discern an objective and rational basis for the exercise of the power and to evolve sound jurisprudential principles governing the exercise thereof. In this regard the Constitution Bench decision of this Court in Jagmohan Singh vs. The State of U.P. (1973) 1 SCC 20 (under the old Code), another Constitution Bench decision in Bachan Singh vs. State of Punjab (1980) 2 SCC 684, a three Judge Benc
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